Beer In The Sleeper

Ok. So if a driver has an approved passenger? A family member perhaps. Even if the driver is not touching it? How about a passenger?

The problem with that is they are not paying passengers and you could not prove it was theirs. Not worth the hassle because it is an immediate punnishment of 24 hours out of service.

Ok. So if a driver has an approved passenger? A family member perhaps. Even if the driver is not touching it? How about a passenger?

No, not even then. You're still in a commercial vehicle transporting alcohol without a permit of any sort. If all you needed was a passenger to circumvent the laws they would be useless.

And pretty much every company in America has policies against having any alcohol in the truck whatsoever. So even if the laws stated that you could carry it you'd be fired if you got caught and have a heck of a time finding work after that.

Errol, Maybe you should read my post again lol. I dont drink beer and now you have me "pushing my luck" drinking beer in my truck on my off duty time ??? Funny how people make assumptions.

According to the posted law: Yes. You can drink day & night; So long as it is 4hrs before being on duty; you aren't operating while driving; and the other stipulation.

After that: You're looking into state, county, and city laws.

EG: Glass containers are prohibited in down town Austin, TX. Specifically alcoholic containers of alcohol. But outside of "down town" is legal within the city.

Ok. So if a driver has an approved passenger? A family member perhaps. Even if the driver is not touching it? How about a passenger?

No, not even then. You're still in a commercial vehicle transporting alcohol without a permit of any sort. If all you needed was a passenger to circumvent the laws they would be useless.

And pretty much every company in America has policies against having any alcohol in the truck whatsoever. So even if the laws stated that you could carry it you'd be fired if you got caught and have a heck of a time finding work after that.

Fortunately, Brett: Your assumption is false.

Shoot me an e-mail, and I'll have the DA from Smithville, TX contact you, to show you the two "open container" charges against me dropped (2014/06).

Except in my case: There honestly was no foul play on my part. The first charge was due to a Bastrop, TX cop moving my (legally) opened container of alcohol to an ILLEGAL location in my vehicle without my knowledge. In the sane week: A friend had an open container of beer I was unaware of (2am).

That aside: Drinking on a 34-hour reset is fine. Assuming you comply with all laws, contracts, obligations, and company policies.

Happy drinking, y'all!! Bottoms up. :)

Shoot me an e-mail, and I'll have the DA from Smithville, TX contact you, to show you the two "open container" charges against me dropped (2014/06).

Except in my case: There honestly was no foul play on my part. The first charge was due to a Bastrop, TX cop moving my (legally) opened container of alcohol to an ILLEGAL location in my vehicle without my knowledge. In the sane week: A friend had an open container of beer I was unaware of (2am).

This all happened in a commercial vehicle?

Are you saying there is a legal place to keep an opened container of alcohol in a commercial vehicle?

Shoot me an e-mail, and I'll have the DA from Smithville, TX contact you, to show you the two "open container" charges against me dropped (2014/06).

Except in my case: There honestly was no foul play on my part. The first charge was due to a Bastrop, TX cop moving my (legally) opened container of alcohol to an ILLEGAL location in my vehicle without my knowledge. In the sane week: A friend had an open container of beer I was unaware of (2am).

This all happened in a commercial vehicle?

Are you saying there is a legal place to keep an opened container of alcohol in a commercial vehicle?

Are you saying there is a federal regulation prohibiting it? Burden of proof falls on you.

I am polite though, and saw nothing. Too busy dealing with this driver's illegal actions, my pregnant girlfriend's ex. assaulting her dad tonight, criminally trespassing, stalking, threatening to kill us, our unborn child, himself, and APD right now to read the book.

However: http://www.fmcsa.dot.gov/regulations/title49/section/392.5

Failing to see it.

Pay special attention to number three. "While the driver possesses" with the only exceptions being manifested as part of the shipment or bus passengers.

From the FMCSA Regulations On Alcohol Prohibition:

§ 392.5: Alcohol prohibition.

(a) No driver shall—

(1) Use alcohol, as defined in § 382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or

(2) Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or

(3) Be on duty or operate a commercial motor vehicle while the driver possesses wine of not less than one-half of one per centum of alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, and distilled spirits as defined in section 5002(a)(8), of such Code. However, this does not apply to possession of wine, beer, or distilled spirits which are:

(i) Manifested and transported as part of a shipment; or

(ii) Possessed or used by bus passengers.

So there you have it. Federal laws banning the operating of a commercial motor vehicle while in possession of alcohol.

Pay special attention to number three. "While the driver possesses" with the only exceptions being manifested as part of the shipment or bus passengers.

From the FMCSA Regulations On Alcohol Prohibition:

§ 392.5: Alcohol prohibition.

(a) No driver shall—

(1) Use alcohol, as defined in § 382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or

(2) Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or

(3) Be on duty or operate a commercial motor vehicle while the driver possesses wine of not less than one-half of one per centum of alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, and distilled spirits as defined in section 5002(a)(8), of such Code. However, this does not apply to possession of wine, beer, or distilled spirits which are:

(i) Manifested and transported as part of a shipment; or

(ii) Possessed or used by bus passengers.

So there you have it. Federal laws banning the operating of a commercial motor vehicle while in possession of alcohol.

I believe you are mistaken. It clearly states two stipulations while in possession: A) ON-DUTY, B) OPERATION OF ("driving")

Correct me if I'm wrong, please. 34hr reset requires an absence of ON-DUTY status; not to mention that, what you're saying would literally make the statement "prior to 4hrs" have no meaning.

So there you have it. Federal laws banning the operating of a commercial motor vehicle while in possession of alcohol.

Ah, I see what the miscommunication is.

Allow me to clarify: Texas law (very recent) declared that a driver cannot operate a motor vehicle with an open container (broken seal); with few exceptions.

The question being asked is not if a driver may drink half a beer, 4hrs before being on duty, store it, then operate the vehicle.

He is asking if it is legal to drink in the vehicle while off duty (yes). While on a 34hr reset (yes).

Thanks, Brett. :)

Is is against federal law to have an open alcoholic drink in the sleeper while off duty?

Yes. It is legal.

What is ILLEGAL is to be in possession of ('have') that alcohol (whether open or closed container) while on-duty, or while operating the vehicle (in a loop of falsifying logs).

You're welcome.